Rajesh Corporation Rep By Its Partner M Kunal Khicha v. Esgi Garments Private Limited Represented By Its Directors

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.1630 of 2025 in C.S.(Comm.Div.) SR.No.48003 of 2025 Rajesh Corporation, Rep. by its Partner M.Kunal Khicha, No.27, Barnaby Road, Kilpauk, Chennai 600010. ... Applicant/Plaintiff -vsESGI GARMENTS PRIVATE LIMITED represented by its directors No.K-2d, Talco Industrial Estate, S-3, Madhavaram, Chennai-600 060 and 8 others ... Respondents/Defendants Prayer: Application is filed under Order XIV Rule 8 and Order III Rule 1 of Original Side Rules Read With Clause 12 of Letters Patent, High Court, Madras, to grant an order of leave to sue against the respondents before this Court since part of cause of action arose outside the territorial jurisdiction of this Court.

For Applicant : Mr.P.Senthil Dhandapani

ORDER

In a proposed suit for recovery of money from defendants 1 to 9, the 1/3

intending plaintiff seeks leave to sue all the respondents before this Court. In the draft plaint and affidavit in support of this application, it is stated that the 1st defendant, which purchased goods from the plaintiff, was carrying on business from within the jurisdiction of this Court until 28.02.2022. It is stated that a part of the suit claim pertains to supplies made to the 1st defendant at Chennai, and that payments were also made by the 1st defendant for such supplies from Chennai.

2. Upon considering the averments in the draft plaint and the affidavit, it appears that a part of the cause of action has arisen within the jurisdiction of this Court. Therefore, this application is allowed by granting leave to the applicant to sue the respondents before this Court. Consequently, the Registry is directed to number the suit, if otherwise in order. 26.03.2025 kj SENTHILKUMAR RAMAMOORTHY,J.

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